Article 15/ Chaptering advice please!

[Jeskern1]

My husband recently pcs to a new duty station. He went from fort bliss to fort Bragg. When filing for his tdy it came back denied, so he was called into his commanders office where he was told that he had failed a drug test back in January while he was still at bliss. Unaware to what they were talking about he called his old chain of command from bliss to see what was going on and they stated that he had never failed a drug test there. Well the faxed that paper work to Bragg showing where he never failed and his new commander told his that until he received the paperwork he would be getting an article 15. The paper work came the next day that said he hadn't failed anything. Well they still have yet to throw out the article 15 and nobody knows what is going on with it. So he went to legal yesterday with the paperwork and he was told that it would probably be thrown out and he wouldn't have anything to worry about. Well today he got called into his commander office and was told that he is now being chaptered out of the military, mind you there is still no article 15 that has been out on him. He is to start turning in gear tomorrow. He has been in 4 year, never in trouble, never late, and has the highest scores in everything he does. Can they do this to him? Are they allowed to transfer ailed tests to other bases even when it was taken in January an its almost june now? He doesn't have an article 15 can they chapter him out? I'm so confused. He has done nothing wrong and even his old chain of command has stated that he never failed, but he has been at this new unit 3 weeks now and things are getting worse.. Can someone please help!!

 

[Shadowbunny]

My husband recently pcs to a new duty station. He went from fort bliss to fort Bragg. When filing for his tdy it came back denied, so he was called into his commanders office where he was told that he had failed a drug test back in January while he was still at bliss. Unaware to what they were talking about he called his old chain of command from bliss to see what was going on and they stated that he had never failed a drug test there. Well the faxed that paper work to Bragg showing where he never failed and his new commander told his that until he received the paperwork he would be getting an article 15. The paper work came the next day that said he hadn't failed anything. Well they still have yet to throw out the article 15 and nobody knows what is going on with it. So he went to legal yesterday with the paperwork and he was told that it would probably be thrown out and he wouldn't have anything to worry about. Well today he got called into his commander office and was told that he is now being chaptered out of the military, mind you there is still no article 15 that has been out on him. He is to start turning in gear tomorrow. He has been in 4 year, never in trouble, never late, and has the highest scores in everything he does. Can they do this to him? Are they allowed to transfer ailed tests to other bases even when it was taken in January an its almost june now? He doesn't have an article 15 can they chapter him out? I'm so confused. He has done nothing wrong and even his old chain of command has stated that he never failed, but he has been at this new unit 3 weeks now and things are getting worse.. Can someone please help!!

He needs to go back to JAG and talk to a Trial Defense Services attorney at Ft Bragg.

Chaptering someone out of the Army tends to take months, not days. And he's entitled to legal counsel. I'm having hard time believing he was told yesterday that he's being chaptered, but already turning in gear and clearing today. That doesn't add up.

 

[umkemesic]

Agree,

Something doesn't add up. Usually it's mandatory that a Defense Lawyer looks at the Article 15 and gives advice. Anyway, I've seen a guy Court Martialed for Marijuana use based off one person's testimony. His roommate failed the wizz quiz but his came clean - they still CM him.

If all else fails keep all documents, you can petition the Board of Military Records.